.mobi Zong.mobi. $X,XXX offer received, deal or no deal?

[tony_np]

zong.mobi. I had a plan to develop for www.sametopic.com/mobi/zong/ before. however, sb. offers $X,XXX since I parked it on Sedo.com recently.

Should I receive this offer or hold this domain for my own website ? right now I don't think lower $X,XXX is enough for zong.mobi, maybe I should reject this offer ?

I know there are some websites named Zong such as zong.com, zong.co.il... and Zong is a popular Chinese Character and a family name ....

Could sb. give any suggestions ?

Thanks!

(Finally, sorry, I have started the public auction : http://www.sedo.com/auction/auction_detail.php?language=us&auction_id=8233&tracked=&partnerid=)

 

[accent]

Thus, "Zong.mobi. $X,XXX offer received, deal or no deal?"

I vote both. A real offer that was killed by sending to auction.

As they say in TV's "Lets make a Deal" ... ZONK!

I wonder if Sedo will look at the stats of no-pay initial offers that went to auction and conclude that it is costing them money, and drop the program. You clearly risk the offer by starting an auction.

 

[fautebol]

But, in an other subject the seller said that Sedo informed him that the buyer paid. So, :td:

I said above that the offer was possible or plausible. But, now I tend to believe that this is pure total crap. I have trouble to believe that the seller did not know about zong.com and echovox when he opened the subject. I am a newbie and I don't really care much, but an explanation by the seller would be nice. Because, if this is crap it's the best crap I have seen here.

 

[accent]

Oh, dig around in the archive. If this is crap it is middling, at best. Don't remember the details but there was one about a >100K sale of a trademarked .mobi - Marchex or something like that, a few months ago.

But of course Registerfly is the biggest load in recent memory.

 

[fautebol]

I remember the other one. But, IF this is crap it's the naive tone used with people trying to help that makes it great IMHO:

http://www.namepros.com/dot-mobi/31...sfer-domain-via-sedo.html?highlight=zong.mobi

mixed with stuff like:

However, I dont think it is a serious problem if I lost this buyer because I did not think I will sell this name, some day I use it to open my own website, that will cause some websites such as zong.com "feel sick", and , who can say I will not find partners to create another real "Mobile Service" website ?

IF this is crap, there's a nice WIPO question. What about some registering a name in good faith before a company register a TM for the name but then acting in bad faith to try sell it to them (while they now have a TM)?

 

[garrett200]

IF What about some registering a name in good faith before a company register a TM for the name but then acting in bad faith to try sell it to them (while they now have a TM)?

If you reg'ed it before it was TM'ed, I THINK you should be OK. I'm no lawyer, but I think you're fine because you did not act in bad faith initially. If they want it, they would need to give you an offer for it. But to be sure, I'd ask a trademark attorney. I'm not sure about actively trying to solicit them. That said, with all the stuff being TM'd these days, I'm surprised someone has not TM'd air yet.

 

[IAmAllanShore]

If you reg'ed it before it was TM'ed, I THINK you should be OK. I'm no lawyer, but I think you're fine because you did not act in bad faith initially. If they want it, they would need to give you an offer for it. But to be sure, I'd ask a trademark attorney. I'm not sure about actively trying to solicit them. That said, with all the stuff being TM'd these days, I'm surprised someone has not TM'd air yet.

Why does everyone just guess instead of taking two seconds to read?

3.1 Can bad faith be found if the disputed domain name was registered before the trademark was registered/common law trademark rights were acquired?

Consensus view: Normally speaking, when a domain name is registered before a trademark right is established, the registration of the domain name was not in bad faith because the registrant could not have contemplated the complainant’s non-existent right.

Relevant decisions:
John Ode dba ODE and ODE - Optimum Digital Enterprises v. Intership Limited D2001-0074 , Denied
Digital Vision, Ltd. v. Advanced Chemill Systems D2001-0827 , Denied
PrintForBusiness B.V v. LBS Horticulture D2001-1182 , Denied

However: In certain situations, when the respondent is clearly aware of the complainant, and it is clear that the aim of the registration was to take advantage of the confusion between the domain name and any potential complainant rights, bad faith can be found. This often occurs after a merger between two companies, before the new trademark rights can arise, or when the respondent is aware of the complainant’s potential rights, and registers the domain name to take advantage of any rights that may arise from the complainant’s enterprises.

Relevant decisions:
ExecuJet Holdings Ltd. v. Air Alpha America, Inc. D2002-0669 , Denied
Kangwon Land, Inc. v. Bong Woo Chun (K.W.L. Inc) D2003-0320 , Transfer
Madrid 2012, S.A. v. Scott Martin-MadridMan Websites D2003-0598 among others, Transfer
General Growth Properties, Inc., Provo Mall L.L.C. v. Steven Rasmussen/Provo Towne Center Online D2003-0845 , Transfer


-Allan :gl:

 

[garrett200]

It wasn't a guess, I've read some similar to what you posted, that's why I said what I said.

But, knowing how lawyers operate, they can make an argument that ice isn't REALLY ice so I don't know how binding any of that is.

If the corp has money and lawyers behind them and they decide they want the name, they'll get the name from you whether you like it or not unfortunately.

 

[fautebol]

Thanks guys. AllanShore, my question (certainly too obvious) was more could use in bad faith or bad faith behavior after registration suffice in some cases? Or in other words should the complainant prove in all cases "registration in bad faith"?

From a quick reading it appears indeed prima facie that Panels have maintained that both requirements haven to be proven in conjunction by the complainant (had been registered AND was being used in bad faith)

For example:
"It is clear from the legislative history that ICANN intended that the complainant must establish not only bad faith registration, but also bad faith use." (WIPO administrative panel decision of 14 January 2000, Case No. 99-0001, World Wrestling Federation Entertainment, Inc. v. Michael Bosman).

 

[IAmAllanShore]

"It is clear from the legislative history that ICANN intended that the complainant must establish not only bad faith registration, but also bad faith use." (WIPO administrative panel decision of 14 January 2000, Case No. 99-0001, World Wrestling Federation Entertainment, Inc. v. Michael Bosman).

You'll find examples of that, but the ones listed above show how there was not bad faith at the time of registration, but can be created later that still proves sufficient to satisfy the third element.

Otherwise, the owner of theamazingrace.com , for example, could sell it to me and I use to directly compete with bad faith but somehow claim safety since it wasn't registered in bad faith...

I know that isn't clear, but that's the way it should be?

-Allan :gl:

 

[Domainate.com]

It's a case of registered in bad faith vs. used in bad faith. Used in bad faith trumps registered in bad faith. If I register Banana.com and either park it or develop it as say a computer software store for instance (I know, not likely but it's just an example!), and along comes a company after the fact that trademarks its name in usage for a clothing line, if I wind up utilizing Banana.com to sell Banana-line clothing, they would have a good case against me even though I didn't originally register the name in bad faith.

I'm sure there are other examples that would be much more unclear though, and I wouldn't know about those...look up some of Berryhill's posts.

 

[Source]

Good faith, bad faith, whatever. Something really needs to be done about shill auction holders pimping their domains on NP. The fact that Tony_NP is getting away with this is beyond me. Unless he can substantiate his claims, he should be banned.

 

[scandiman]

Good faith, bad faith, whatever. Something really needs to be done about shill auction holders pimping their domains on NP. The fact that Tony_NP is getting away with it is beyond me. This is bs. Unless he can substantiate his claims, he should be banned.

I'm tending to agree with you. I've asked tony_NP repeatedly to clear things up for us but he has ignored my requests.

 

[tony_np]

sorry guys, I am here. however, I can not tell you more things since the whole processing has not finished yet. Sedo just told me the buyer has paid the full money, and I have provided all message they asked too. Now I am just waiting.

English is my 2nd language, some friends' post here I even can not understand.

My Friends: Just waiting with me together, I don't know the result either.

 

[owntype]

sorry guys, I am here. however, I can not tell you more things since the whole processing has not finished yet. Sedo just told me the buyer has paid the full money, and I have provided all message they asked too. Now I am just waiting.

English is my 2nd language, some friends' post here I even can not understand.

My Friends: Just waiting with me together, I don't know the result either.

Congrats!

Anyway, you met an end user, what a good deal!

Cya on DNJ!

 

[frank_view2008]

Hey tony, if you came here earlier, there wouldn't have been some many posts

Transfering domains on Sedo is very slow. Since the buyer paid for the name, you just wait.
I think it should go through.
Be patient and good luck!

 

[tony_np]

Hi!

Now I have new problem:

Sedo asked me to fill my payment information into my sedo account, they recommanded me select Paypal to receive the money, but my paypal is Premium account , normally if I receive money , Paypal will charge me 1%~3%, but Sedo told me paypal will not charge me if the money from Sedo. Anybody can tell me is it correct ? and why?

(I tried to fill in my bank account, but Sedo website gave me an error message: "invalid SWIFT code , the SWIFT code should include country code 'ca' ", but actually there is no any country code in my bank SWIFT code, how can I do if I select bank direct deposit ?)

Thanks!

 

[owntype]

Hi!

Now I have new problem:

Sedo asked me to fill my payment information into my sedo account, they recommanded me select Paypal to receive the money, but my paypal is Premium account , normally if I receive money , Paypal will charge me 1%~3%, but Sedo told me paypal will not charge me if the money from Sedo. Anybody can tell me is it correct ? and why?
Thanks!

Check this thread. No fee.

http://www.namepros.com/domain-name-discussion/237749-sedo-and-paypal-fees.html

 

[wot]

Hi!

Now I have new problem:

Sedo asked me to fill my payment information into my sedo account, they recommanded me select Paypal to receive the money, but my paypal is Premium account , normally if I receive money , Paypal will charge me 1%~3%, but Sedo told me paypal will not charge me if the money from Sedo. Anybody can tell me is it correct ? and why?

(I tried to fill in my bank account, but Sedo website gave me an error message: "invalid SWIFT code , the SWIFT code should include country code 'ca' ", but actually there is no any country code in my bank SWIFT code, how can I do if I select bank direct deposit ?)

Thanks!

They have some problem with updating swift /IBAN numbers for bank account details online- maybe contact your account manager direct and ask if they can update for you.

 

[tony_np]

this moring I found zong.mobi transfering finished on April 30 though the owner name is still my name (Maybe the buyer have not change to his name yet).

Now, I just wait Sedo give me $ .

 

[garrett200]

What was the final sale price, if you dont mind telling us.

 

[tony_np]

Hi! friends:

It's time to close this thread.

the result: I think zong.mobi is "playing" with his new brother zong.com, check the whois info you will find this.
And I have received the money from Sedo: Bid amount X (1- 10%) USD, no paypal fee.

Thanks sedo, thanks the buyer, thanks you all. good luck for everyone.

The End.

some related info pls visit my blog: www.yy7.net

 

[-REECE-]

Hi! friends:

It's time to close this thread.

the result: I think zong.mobi is "playing" with his new brother zong.com, check the whois info you will find this.
And I have received the money from Sedo: Bid amount X (1- 10%) USD, no paypal fee.

Thanks sedo, thanks the buyer, thanks you all. good luck for everyone.

The End.

some related info pls visit my blog: www.yy7.net

Congratulations Tony, from all of us Best of luck with your other names and developments!

 

[fautebol]

Tony_np,

I apologized regarding my last messages, where I questionned this a bit too strongly. The company which appears in the whois (Echovox) is indeed the company which runs zong.com. Thus, my doubts have now been proven completely wrong. Big congratulations and good luck.

 

[circa1850]

Ye'all of little faith:
http://www.namepros.com/1851895-post7.html

Indeed, it could have gone sour.

Like the three back to back to back sales that I had on sedo in the month of March. Not a damn one paid for.

I am told by the Sedo rep on one of them that the buyer on one is waiting to be paid for his sales. What kind of BS is this? The sale closed on the 16th of March

Here is a email from the agent:
The buyer had some problems to send the payment to our escrow account as another transfer has not been completed yet.

This has been finished and I asked the buyer now to send the payment asap.

And this follow up from one of the powers that be when I questioned what their policy was on payment and what purpose did the buyer certification and verification serve if they are unwilling/unable to enforce their own policies:
Finally, regarding your transfers: should a buyer not remit payment within ten days, you are technically no longer bound to sell the domain in question.

So does this mean if the buyer does not make payment in 10 days, are they under no obligation to buy? What happens to the buyer in this case?

I am still waiting on a reply to that one.

And by the way... this is all new (the 10 days thing). I have had them lock a domain and take it out of circultation for 94 days and they refused to release it...waiting and confident that the buyer was just not responding. Gee, ya think?

So, March sales at Sedo...Nearly $5,000.00. Money paid? Nearly $0.00.

I think Sedo is fast becoming the laughing stock of the domain industry.

Tis a shame.

By the way, congrats on the Zong.mobi.